Siaya County Assembly in session. /HANDOUT
The Commission on Administrative Justice has called for the immediate revocation of several appointments and contract extensions in the Siaya County Government.
The Ombudsman said this is after finding that some were made without mandatory County Assembly approval and outside the required legal procedures.
In an Advisory Opinion issued on Monday, August 10, 2026, the Commission, also known as the Office of the Ombudsman, said it had identified a recurring pattern of failures in the handling of public appointments in the county.
The opinion followed a request by the Siaya County Assembly dated June 16, 2026, seeking guidance on several appointments and extensions of tenure that the Assembly alleged had been undertaken contrary to the Constitution and various laws governing county governments.
The request was accompanied by a report by the Assembly’s Committee on Appointments titled “Irregular Appointments by the Governor”, dated June 10, 2026.
The Commission said its advisory opinion was intended to guide the Assembly in exercising its oversight mandate and determine the legality of appointments that require legislative approval.
It found that County Assembly approval is a mandatory constitutional and statutory safeguard for appointments to offices where such approval is required by law.
The Commission said the requirement applies not only to substantive appointments but also to acting appointments, reappointments, redesignations, renewals and extensions of tenure.
“County Assembly approval is a substantive constitutional safeguard and is not a procedural formality capable of being waived by the appointing authority,” the Commission said.
Among the appointments examined was that of an acting Chief Officer for Tourism, Culture, Sports and Arts. The Commission found that the appointment had been made without County Assembly approval, for an indefinite period, and despite the office holder not meeting the prescribed academic qualifications.
It also examined the appointment of an acting County Attorney and found that the appointment had been made without the required Assembly approval or compliance with the statutory appointment procedure.
Another appointment involving the position of Director, Governor’s Press was also reviewed. The Commission said the appointee had not undergone the required suitability and recruitment process through the County Public Service Board and that the prescribed academic qualifications and professional experience had not been demonstrated.
The Commission further found that an acting County Secretary had been appointed without County Assembly approval and without specifying the duration of the acting appointment.
It also raised concerns over the continued occupation of the office of County Executive Committee Member for Finance and Economic Planning after the expiry of a contract and rejection of the nomination by the County Assembly.
The Commission said a purported extension issued after the contract had expired could not lawfully revive it.
It also found that the composition of the Siaya County Public Service Board did not meet the constitutional two-thirds gender principle after the withdrawal of one female nominee.
In its overall assessment, the Commission said the issues identified went beyond isolated procedural errors.
“The Commission finds that the actions of the appointing authority disclose a persistent pattern of disregard for the Constitution and the law,” the advisory opinion states.
It further said the conduct amounted to “maladministration” and constituted “an abuse of office and a gross violation of the Constitution and the law.”
The Commission recommended that the affected appointments, acting appointments, contract extensions, renewals and redesignations found to have contravened the law be immediately revoked.
It also directed that lawful recruitment processes be initiated for affected positions and that qualified nominees be submitted to the County Assembly for approval.
The Commission recommended that the matter be referred to the Ethics and Anti-Corruption Commission for investigation into possible violations of the Leadership and Integrity Act and the Anti-Corruption and Economic Crimes Act.
It also called for a special audit of financial transactions, approvals and decisions made during the period in which an office was unlawfully occupied, as well as a review of expenditure authorised during the period.
The Commission said public funds paid or received without lawful authority should be subject to recovery proceedings where investigations establish that such payments occurred.
It further said the County Assembly could invoke constitutional accountability mechanisms where the required threshold is met.
The Commission concluded that implementing its recommendations would help restore constitutional governance, uphold the rule of law and strengthen accountability within the Siaya County Government.
“Transparency, accountability and fidelity to the Constitution are cornerstones of devolved governance,” it said.
